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Privacy and the Prospect Researcher

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Nonprofit Privacy Rights Clearinghouse reports that more than 225 million US ... Electronic Privacy Information Center (www.epic.org) ... – PowerPoint PPT presentation

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Title: Privacy and the Prospect Researcher


1
Privacy and Philanthropy
David Lamb Prospect Research Consultant Blackbaud
Analytics
2
Agenda
  • Privacy as a key issue in philanthropy
  • APRAs Privacy Position Paper
  • Rules to live by
  • Fiduciary relationship
  • Ethical and legal guidelines
  • Vendors must be legal and ethical
  • Provide a privacy policy to reassure donors
  • One step further a prospect research policy
  • Case situations

3
Privacy troubles
  • Personal information at risk
  • April 22, 2008 Binghamton University notifies 11
    students and 120 applicants of theft of a laptop
    containing their names and SSNs
  • Laptop belonged to a consultant implementing
    Banner
  • Laptop also contained similar info on thousands
    of constituents at other institutions
  • Incident highlights the danger of using SSNs as
    ID numbers
  • Nonprofit Privacy Rights Clearinghouse reports
    that more than 225 million US citizens have had
    their private information exposed due to security
    problems since 2006
  • Trouble in the prospect research world
  • Stories reinforce unrealistic expectations
  • People think youre a voyeur
  • Irony for prospect researchers

4
APRA position on privacy
  • Availability of information does not drive its
    collection nor supercede ethical use
  • Follow federal, state and local laws
  • Policies and procedures change with technology
    and law
  • Vendors must be held to the same standard as
    ourselves
  • Share information only when confidentiality is
    assured
  • Search only for relevant information

5
APRA position on privacy (continued)
  • Fundamental principles
  • Protection of confidential information
  • Accurate recording of all data
  • Relevancy of the information
  • Honesty in revealing our identities and purpose
  • Accountable for our actions

6
Rules to live by
  • Development professionals have a fiduciary
    relationship to prospects
  • Actions of development professionals are limited
    by legal and ethical boundaries
  • Development professionals must hold vendors to
    the same standard of conduct

7
Fiduciary
  • One who obligates himself or herself to act on
    behalf of another (as in managing money or
    property) and assumes a duty to act in good faith
    and with care, candor, and loyalty in fulfilling
    the obligation -Merriam Webster Dictionary of Law

8
Rules to live by
  • Development professionals have a fiduciary
    relationship to prospects
  • Actions of development professionals are limited
    by legal and ethical boundaries
  • Development professionals must hold vendors to
    the same standard of conduct

9
Ethical basis of privacy
  • APRAs statement of privacy
  • Record only relevant information
  • Dont hide your identity or your purpose when
    requesting information
  • Be an expert on the reliability of sources
  • Present information clearly and objectively
  • Clearly differentiate between known fact and
    speculation

10
Legal basis of privacy
  • The right to be left alone
  • Legally recognized forms of invasion
  • The unreasonable intrusion on the privacy of
    another
  • The appropriation of anothers name or likeness
  • Unreasonable publicity given to anothers private
    life
  • Publicity that unreasonably places another in a
    false light before the public

11
Laws impacting privacy issues
  • Freedom of Information Act, 1966 (FOIA)
  • Federal Education Rights and Privacy Act, 1974
    (FERPA)
  • Health Insurance Portability and Accountability
    Act, 1996 (HIPAA)
  • American Competitiveness and Corporate
    Accountability Act, 2002 (Sarbanes-Oxley)

12
Sarbanes Oxley and Nonprofits
  • Assumption that, since nonprofits dont offer
    stock, SOX does not apply
  • Two provisions apply to all corporations, for-
    and non-profit
  • Protection for whistle blowers
  • Document destruction
  • Other provisions with obvious nonprofit
    implications
  • Accounting transparency and independence
  • Loans to executives

13
Rules to live by
  • Development professionals have a fiduciary
    relationship to prospects
  • Actions of development professionals are limited
    by legal and ethical boundaries
  • Development professionals must hold vendors to
    the same standard of conduct

14
Working with vendors
  • Commercial data brokers aggregate and organize
    data
  • Thomson Financial
  • Reuters Data
  • Experian
  • Dun Bradstreet
  • ChoicePoint
  • Most of what is collected by data brokers must be
    disclosed by the source
  • Some of it is voluntarily disclosed
  • Data brokers make the data easier to access

15
Laws that govern data brokers
  • Fair Credit Reporting Act (FCRA)
  • Sets rules for how consumer reporting agencies
    (such Experian, Equifax, and TransUnion) store,
    allow access to, and permit corrections to data
    that they collect on consumer credit
  • Gramm Leach Bliley Act (GLBA)
  • Includes provisions to protect consumers
    personal and financial information held at
    financial institutions

16
Fundamental principles behind data broker privacy
laws
  • Ensure consumers have control over their
    information
  • Establish guidelines for record use and release
  • Set accountability guidelines for records use and
    release
  • Balance public responsibility with privacy
    protections

17
Vendors must be legal and ethical
  • Require vendors to demonstrate compliance with
    applicable laws
  • Read the privacy and confidentiality statements
    provided by vendors
  • Review with your counsel and ask for
    clarification or modification if necessary
  • Monitor industry watchdog groups
  • Electronic Privacy Information Center
    (www.epic.org)
  • Charity Navigator (www.charitynavigator.org)

18
The upside to less privacy
  • Benefits of databasification
  • Privacy is traded for efficiency
  • Privacy is not necessarily the ultimate goal of
    society
  • If the common good can be served through
    disclosure, perhaps that is best
  • Most thefts of personal data dont result in fraud

19
Its getting hot in the kitchen
  • Does the act of prospect research present too
    great a risk?
  • Why do we keep doing it?
  • Ask the right person for the right gift
  • Doing your homework
  • Helping generous people do good things

20
Questions to ensure privacy
  • Is it truthful?
  • Is it relevant?
  • Is it respectful?

21
Make a statement
  • What information is collected?
  • How will personal information be used?
  • How will it be saved-protected-shared?
  • Will information be sold or traded?
  • Under what circumstances will prospects be
    contacted?
  • Does self-disclosure imply consent?
  • What other information may be collected?
  • Give the donor the ability to opt out

22
A model statement The Nature Conservancy
  • What info they collect
  • How the NC uses your info
  • Who the NC shares your info with
  • How they protect info
  • Opt-out

23
A prospect research policy
  • From time to time we use publicly available data
    to help us raise private support more efficiently
    and to be better stewards of received donations
  • Info only used for fundraising purposes
  • All research must be approved by a responsible
    officer
  • All research will be logged and reported
    periodically
  • Access to resources used for prospect research
    will be limited to authorized personnel
  • Access to research data will be limited to
    development office personnel
  • Suitable measures will be taken to ensure the
    security of the data

24
Case Situations
  • Would your organization ever do a criminal
    background check on a donor?
  • Would your organization ever share data from your
    file on a donor with another nonprofit?
  • Is email secure enough as a medium for
    transmitting donor/prospect data?

25
Resources
  • Charity Navigator a watchdog group
    www.charitynavigator.org
  • Privacy Rights Clearing House a privacy watchdog
    www.privacyrights.org
  • Independent Sectors recommendations for
    nonprofit responses to SOX www.independentsector.o
    rg/issues/sarbanesoxley
  • TRUSTe Model Privacy Policy www.truste.org/docs/Mo
    del_Privacy_Policy_Disclosures.doc
  • TRUSTes Guide to writing an online privacy
    policy www.truste.org/pdf/WriteAGreatPrivacyPolicy
    .pdf
  • Online Privacy for Nonprofits How to Protect
    Members' Privacy and Personal Information
    www.privacyrights.org/fs/fs28-nonprofits.htm
  • Good examples
  • Nature Conservancy nature.org/aboutus/misc/
  • Minnesota Public Radio minnesota.publicradio.org/
    about/site/privacy/
  • This link to advancement research standards on
    the web site of the Association of Professional
    Researchers for Advancement has several items of
    interest, including the APRA statement of ethics
    and a position paper on privacy
    www.aprahome.org/advancement/index.html
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